What is the test for a motion under Rule 19(1-4) of the Rules of Civil Procedure?
Ontario, Canada
The following excerpt is from Girdlestone v. Bentley, 2020 ONCJ 444 (CanLII):
[14] The case of Lewis v. Schuck is of limited utility to the Respondent in this motion. That case dealt with a motion brought by the Applicant under Rule 19(1-4). The documents sought were within a party’s control. The test is different for those documents under the control of a non-party.
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